Sentence can't consider two prior convictions that happened more than 10 years ago

Christopher Garcia was sentenced Wednesday to serve three years in prison for causing a motor vehicle accident while under the influence of drugs. The victim in the case sustained great bodily harm from the accident, according to 12th Judicial District Attorney John P. Sugg, who announced the sentence by District Judge Daniel A. Bryant.

Garcia’s blood was drawn and he was found to have marijuana, amphetamine, cocaine and opiates in his system at the time of the crash, the release from Sugg stated. Garcia has two prior DWI convictions, but because the convictions were more than 10 years old, the prosecution could not use those convictions to enhance Garcia’s sentence. The three-year prison sentence was the maximum term that could be imposed under New Mexico law, Sugg said.

“We are pleased with Judge Bryant’s sentence, but this case highlights New Mexico’s need to get serious about DWI,” Sugg said. “The fact that a man, who chose to drive under the influence for at least the third time, could cause an accident where the victim is seriously harmed and only be required to serve three years in prison is ridiculous. New Mexico will continue to struggle with DWI until the Legislature steps up and changes our laws to give prosecutors and the courts the tools they need to address this problem.”

The case was prosecuted by Assistant District Attorney Michael Tighe. Garcia will be required to spend two years on parole following his release from prison.